Following the landmark affirmative action decision by the United States Supreme Court last June, Diversity Equity and Inclusion (“DEI”) efforts across the country have been under attack.  Supporters of the decision, feeling emboldened, have launched a barrage of efforts to expand the scope of the decision and eliminate DEI initiatives across all industries.  However, as Justice Sotomayor aptly pointed out in her dissenting opinion, “diversity is now a fundamental American value, housed in our varied and multicultural American community that only continues to grow.  The pursuit of racial diversity will go on.” In keeping with these words, the Indianapolis Bar Association has developed a new DEI-centered event titled: IndyBar Unites: A Morning of Meaningful Conversations...

Following the landmark affirmative action decision by the United States Supreme Court last June, Diversity Equity and Inclusion (“DEI”) efforts across the country have been under attack.  Supporters of the decision, feeling emboldened, have launched a barrage of efforts to expand the scope of the decision and eliminate DEI initiatives across all industries.  However, as Justice Sotomayor aptly pointed out in her dissenting opinion, “diversity is now a fundamental American value, housed in our varied and multicultural American community that only continues to grow.  The pursuit of racial diversity will go on.” In keeping with these words, the Indianapolis Bar Association has developed a new DEI-centered event titled: IndyBar Unites: A Morning of Meaningful Conversations...

SUMMARY: The Indianapolis Bar Association (“IndyBar”) has learned of recent public statements attacking the Marion County criminal justice system generally, and the Honorable Mark D. Stoner specifically. These statements come in the wake of Judge Stoner’s sentencing of Elliahs Dorsey (“Dorsey”), the individual charged in the April 2020 shooting death of Indianapolis Metropolitan Police Department (“IMPD”) Officer Breann Leath. Officer Leath was tragically shot to death after responding to a call regarding a disturbance between a male and a female. After hours of deliberation, Dorsey’s jury acquitted him of Murder. The jury found Dorsey Guilty but Mentally Ill of lesser included offenses. After Dorsey’s sentence was pronounced, some made statements that either implied or outright erroneously stated that Judge Stoner inappropriately sentenced Dorsey to far less than the maximum sentence in the killing of Officer Leath. Some made remarks in the local media that dangerous offenders can shoot anyone and simply say they have a mental health problem, and they will receive a “sweetheart” sentence. This rhetoric is dangerous, and it is false.

For the killing of Officer Leath, the Court was limited to only a six-year sentence based on what the jury found Dorsey guilty of. When judges sentence offenders convicted of crimes, they are limited by the statutory sentencing guidelines for the crime. When deciding on an appropriate sentence, judges are required to start in the middle of that range and then consider specific statutory factors, called mitigating and aggravating factors, when deciding whether to impose a harsher sentence or a lighter sentence. The sentence Judge Stoner imposed on Dorsey for the count of Reckless Homicide was nine months shy of the maximum sentence allowed under the law. There is no statutory aggravator to enable judges to impose a harsher sentence on Reckless Homicide when the victim is a police officer who is killed in the line of duty. Dorsey’s total sentence for the crimes he committed in April 2020 was 45 years and 118 days, 30 years of which is to be executed in prison followed by 15 years of probation where the Court will monitor Dorsey’s behavior and mental health condition. Should Dorsey not abide by the conditions of his mental health probation, he could be sent back to prison to serve the remainder of his 15-year term of probation.

It is understandable that officers and citizens are aggrieved by the fact that the shooter was not sentenced to a much longer period of incarceration. However, misrepresenting the facts and the law to cast blame on a specific judge and the courts at large is misplaced. If reckless homicide of a police officer should carry with it a harsher sentence than the maximum of six years it currently carries, we have a responsibility to inform our legislators on this issue and to advocate for changes to the law. Only in uniting to better protect our community at large are we able to affect positive change. 

SUMMARY: The Indianapolis Bar Association (“IndyBar”) has learned of recent public statements attacking the Marion County criminal justice system generally, and the Honorable Mark D. Stoner specifically. These statements come in the wake of Judge Stoner’s sentencing of Elliahs Dorsey (“Dorsey”), the individual charged in the April 2020 shooting death of Indianapolis Metropolitan Police Department (“IMPD”) Officer Breann Leath. Officer Leath was tragically shot to death after responding to a call regarding a disturbance between a male and a female. After hours of deliberation, Dorsey’s jury acquitted him of Murder. The jury found Dorsey Guilty but Mentally Ill of lesser included offenses. After Dorsey’s sentence was pronounced, some made statements that either implied or outright erroneously stated that Judge Stoner inappropriately sentenced Dorsey to far less than the maximum sentence in the killing of Officer Leath. Some made remarks in the local media that dangerous offenders can shoot anyone and simply say they have a mental health problem, and they will receive a “sweetheart” sentence. This rhetoric is dangerous, and it is false.

For the killing of Officer Leath, the Court was limited to only a six-year sentence based on what the jury found Dorsey guilty of. When judges sentence offenders convicted of crimes, they are limited by the statutory sentencing guidelines for the crime. When deciding on an appropriate sentence, judges are required to start in the middle of that range and then consider specific statutory factors, called mitigating and aggravating factors, when deciding whether to impose a harsher sentence or a lighter sentence. The sentence Judge Stoner imposed on Dorsey for the count of Reckless Homicide was nine months shy of the maximum sentence allowed under the law. There is no statutory aggravator to enable judges to impose a harsher sentence on Reckless Homicide when the victim is a police officer who is killed in the line of duty. Dorsey’s total sentence for the crimes he committed in April 2020 was 45 years and 118 days, 30 years of which is to be executed in prison followed by 15 years of probation where the Court will monitor Dorsey’s behavior and mental health condition. Should Dorsey not abide by the conditions of his mental health probation, he could be sent back to prison to serve the remainder of his 15-year term of probation.

It is understandable that officers and citizens are aggrieved by the fact that the shooter was not sentenced to a much longer period of incarceration. However, misrepresenting the facts and the law to cast blame on a specific judge and the courts at large is misplaced. If reckless homicide of a police officer should carry with it a harsher sentence than the maximum of six years it currently carries, we have a responsibility to inform our legislators on this issue and to advocate for changes to the law. Only in uniting to better protect our community at large are we able to affect positive change. 

With all of the expectations lawyers face (especially early in their careers), it can be hard to carve out time away from learning to practice the law and break away from the billable hour to identify leadership opportunities where legal skills can provide a meaningful benefit for the Indianapolis community. The IndyBar Bar Leader Series program provides the perfect solution. 

With all of the expectations lawyers face (especially early in their careers), it can be hard to carve out time away from learning to practice the law and break away from the billable hour to identify leadership opportunities where legal skills can provide a meaningful benefit for the Indianapolis community. The IndyBar Bar Leader Series program provides the perfect solution. 

Meet March's WLD Member of the Month, Romy Bernard-Tucker!